People ex rel. Bronx Gas & Electric Co. v. Barker
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, The Bronx Gas and Electric Company, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 13th day of October, 1897, quashing a writ of certiorari issued to review the assessment of its real property for the purposes of taxation, and also from an order made at the New York Special Term, bearing date the 5th day of October, 1897, and entered in said clerk’s office, upon which…
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Appeal by the relator, The Bronx Gas and Electric Company, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 13th day of October, 1897, quashing a writ of certiorari issued to review the assessment of its real property for the purposes of taxation, and also from an order made at the New York Special Term, bearing date the 5th day of October, 1897, and entered in said clerk’s office, upon which said judgment was based.
1Opinion of the Court
Patterson, J.:. The relator applied for and obtained a writ of certiorari to review the action of the respondents in making an assessment of its real property for the purposes of taxation for the year 1897. Before the return day, the respondents moved to quash the writ. The motion was granted on the ground that the writ had been prematurely obtained, and that the court was, therefore, without jurisdiction to entertain the proceeding. From the order entered upon that decision this appeal is taken.
It was held by the judge at Special Term that it was shown by the petition that the assessment…
2Cases cited2 opinions
- Ass'n for the Benefit of Colored Orphans v. Mayor of New YorkNew York Court of Appeals · 1887
- People Ex Rel. Twenty-Third Street Co. v. Commissioners of Taxes & AssessmentsNew York Court of Appeals · 1883
3Cited by10 opinions
- People Ex Rel. Thomson v. . FeitnerNew York Court of Appeals · 1901
- People ex rel. Kendall v. FeitnerAppellate Division of the Supreme Court of the State of New York · 1900
- People ex rel. Washington Building Co. v. FeitnerAppellate Division of the Supreme Court of the State of New York · 1900
- Dale v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902
- In re TilyouAppellate Division of the Supreme Court of the State of New York · 1901
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